Rights collide in incident at skating rink

Kimberly Wells, 13, plays Guitar Hero II on her PS2 in her bedroom with her sister Miranda Tilley, 15, on Wednesday, December 19, 2012, in Hawthorne, Wells has cerebral palsy, which has made her unable to use her right hand. However, she still plays video games by using her right hand to hold the trigger and her left hand's pointer finger to press the buttons. Sometimes in more complicated games she uses her whole left hand.

Elizabeth Hamilton / Correspondent

By Jon SilmanStaff writer

Published: Sunday, December 23, 2012 at 8:24 p.m.

Last Modified: Sunday, December 23, 2012 at 8:24 p.m.

Managers at Skate Station Funworks recently told a Hawthorne man and his 13-year-old disabled daughter they could not skate at the facility after a disagreement between the father and staff.

John Wells, 39, a veteran roller skater, said he was just trying to give his daughter, Kimberly, who uses a wheelchair that Wells pushes, the same thrills he gets when he sails around the skating rink.

The amusement center's managers, he said, discriminated against his daughter.

Dave Balogh, manager of the center near the Interstate 75/Newberry Road interchange, said, however, he has no problems with the teen. Her father, he said, caused the trouble on Dec. 15.

Balogh said that Wells skates way too fast for his daughter's safety. “I feel for the girl,” he said. “It wasn't about her.”

Wells disagrees and said Kimberly, who has cerebral palsy, was never in any danger.

“I'm not going to do anything that's going to hurt my daughter,” he said. “My whole purpose in life is to make sure she's happy.”

More than just an emotional dustup at a business, the incident raises larger questions about when rights come into conflict. In this case, the desire of a teen to be treated like any other skater, and the business' concerns for skaters' safety as well as protecting itself from lawsuits.

Jacqueline Chung, the equal opportunity manager for Alachua County, said cases of discrimination are usually more nuanced than they first seem.

In situations like these, she likes to see the two parties work it out through mediation.

“They should think about ‘How can we resolve this' to get Kimberly back on the skating floor and not have her feel like an oddity or a hindrance,” Chung said.

“At the end of the day,'' she said, “it's all about Kimberly.”

Wells, Kimberly and his family were at the rink that day with a big group of friends and family, an activity they have tried to maintain between surgeries for Kimberly and Wells' work schedule.

Balogh said he told Wells the center was not comfortable with the way he was pushing his daughter on the rink, and he needed to keep her around the side of the rink — citing safety concerns.

The two argued, and Wells got a refund.

Kimberly later told her dad she wanted to skate again and said she was OK with staying on the side of the rink. When the pair returned to the floor, assistant manager Patrick Burkett, who was in charge because Balogh had left, told the two they weren't allowed to skate.

Balogh told The Sun that the Skate Station reserves the right to dictate policies concerning people with disabilities.

Wells said the incident only served to humiliate his daughter, who he said deserves the same rights as able-bodied skaters.

Caught in the middle is Kimberly.

She recently wrote a letter to the business saying the managers made her feel different and less important than all the other skaters.

“God treats everyone equally, so why can't you?” she wrote. “I just want to skate with my friends and family. ... Please stop treating me like I'm not there. ... Stop trying to ruin my fun because I have CP and I'm stuck in a wheelchair.”

She signed the letter “former skater.”

Kimberly recalled how bad she felt that day.

“I just broke out in tears screaming at the guy, ‘I'm not different. There's nothing different about me. Daddy, tell them I'm not different.' ”

Wells skates fast. He picked up the sport as a teenager and has been at it for 35 years, give or take a few.

He remembers the way he felt as a youth in those skates, hanging out with his friends, feeling the wind in his ears as he sped around the rink. It's a feeling he keeps coming back to.

Wells has two daughters, and he brought them to Skate Station in 2006 for a fundraiser. He wanted them to feel the speed and air he felt as a kid. Kimberly loved the feeling, and Wells loved pushing her around the floor.

There's a video the family shot in December 2011 of Kimberly and her dad together. In it, Wells dances on his skates and pushes his daughter along. She smiles and waves her hands. Sometimes he switches arms and sometimes he pulls her backward. The floor isn't packed and the two aren't speeding. They laugh.

Around the same time period, management told Wells to cut out the “fancy stuff,” saying they were concerned about Kimberly's safety. Wells stresses he's never had any accidents with his daughter or caused any.

Partly because of those concerns, Wells built Kimberly a special wheelchair from scrap pieces of other chairs. It has a lower center of gravity and lights so she could be seen in the dark.

Wells knows what it's like to use a wheelchair. He fell off a ladder once and broke some bones. The accident gave him some insight into what it's like for his daughter on a daily basis.

“It was boring,” he said.

More recently, Kimberly hasn't been able to make it to the rink as often due to surgeries.

She looked forward to returning to the rink with her family on Dec. 15.

Balogh said the policy for wheelchairs on the floor is up to the discretion of management.

If the floor is busy, he asks that they stay to the side of the rink. There is a ramp for access to the skating floor and his whole facility is accessible to people with disabilities.

On the day of the incident, Balogh said, he had more than 200 skaters and a good portion were on the floor with Kimberly.

“The volume of business dictates the policy,” he said. “It's for (the customers') safety as well as hers. It's all about safety.”

Balogh told Wells about the policy. Wells told Balogh he'd never heard of it and had never had a problem before. The discussion heated up.

Balogh said there was a possibility of injury with the way Wells skated with his daughter. As a business owner, he said he worried about the liability.

Wells countered that he is quite capable on his skates and aware of everyone around him. He said the slow lane around the sides of the rink is probably more dangerous with the chair because of the low speeds of other, less capable, skaters.

Wells got a refund, and the situation seemed resolved,

“I called him back over and I apologized for being boisterous,” Wells said. “He could see I was heated when I talked to him so I said, ‘I'm sorry I had an attitude earlier,' and that hopefully he could see where I was coming from.”

Kimberly said some of her friends asked her to get back on the floor. Wells bought a new ticket.

They were on the floor for about 10 minutes when Burkett stopped them. Balogh said he stands by Burkett's decision.

Wells said he'd like an apology from Skate Station. Balogh said he would welcome the girl back, but he's not sure about her father.

Wells expressed a desire for a place he could take his daughter where she wouldn't feel different, and he could skate with her anyway he wanted to.

“The dream would be that she could have her own place to skate,” he said. “A rink in our own backyard, so we wouldn't have to go and have someone else telling us what we could do and what we couldn't do. But that's just a dream.”

<p>Managers at Skate Station Funworks recently told a Hawthorne man and his 13-year-old disabled daughter they could not skate at the facility after a disagreement between the father and staff.</p><p>John Wells, 39, a veteran roller skater, said he was just trying to give his daughter, Kimberly, who uses a wheelchair that Wells pushes, the same thrills he gets when he sails around the skating rink.</p><p>The amusement center's managers, he said, discriminated against his daughter.</p><p>Dave Balogh, manager of the center near the Interstate 75/Newberry Road interchange, said, however, he has no problems with the teen. Her father, he said, caused the trouble on Dec. 15.</p><p>Balogh said that Wells skates way too fast for his daughter's safety. “I feel for the girl,” he said. “It wasn't about her.”</p><p>Wells disagrees and said Kimberly, who has cerebral palsy, was never in any danger.</p><p>“I'm not going to do anything that's going to hurt my daughter,” he said. “My whole purpose in life is to make sure she's happy.”</p><p>More than just an emotional dustup at a business, the incident raises larger questions about when rights come into conflict. In this case, the desire of a teen to be treated like any other skater, and the business' concerns for skaters' safety as well as protecting itself from lawsuits.</p><p>Jacqueline Chung, the equal opportunity manager for Alachua County, said cases of discrimination are usually more nuanced than they first seem.</p><p>In situations like these, she likes to see the two parties work it out through mediation.</p><p>“They should think about 'How can we resolve this' to get Kimberly back on the skating floor and not have her feel like an oddity or a hindrance,” Chung said.</p><p>“At the end of the day,'' she said, “it's all about Kimberly.”</p><p>Wells, Kimberly and his family were at the rink that day with a big group of friends and family, an activity they have tried to maintain between surgeries for Kimberly and Wells' work schedule.</p><p>Balogh said he told Wells the center was not comfortable with the way he was pushing his daughter on the rink, and he needed to keep her around the side of the rink — citing safety concerns.</p><p>The two argued, and Wells got a refund.</p><p>Kimberly later told her dad she wanted to skate again and said she was OK with staying on the side of the rink. When the pair returned to the floor, assistant manager Patrick Burkett, who was in charge because Balogh had left, told the two they weren't allowed to skate.</p><p>Balogh told The Sun that the Skate Station reserves the right to dictate policies concerning people with disabilities.</p><p>Wells said the incident only served to humiliate his daughter, who he said deserves the same rights as able-bodied skaters.</p><p>Caught in the middle is Kimberly.</p><p>She recently wrote a letter to the business saying the managers made her feel different and less important than all the other skaters.</p><p>“God treats everyone equally, so why can't you?” she wrote. “I just want to skate with my friends and family. ... Please stop treating me like I'm not there. ... Stop trying to ruin my fun because I have CP and I'm stuck in a wheelchair.”</p><p>She signed the letter “former skater.”</p><p>Kimberly recalled how bad she felt that day.</p><p>“I just broke out in tears screaming at the guy, 'I'm not different. There's nothing different about me. Daddy, tell them I'm not different.' ”</p><p>Wells skates fast. He picked up the sport as a teenager and has been at it for 35 years, give or take a few.</p><p>He remembers the way he felt as a youth in those skates, hanging out with his friends, feeling the wind in his ears as he sped around the rink. It's a feeling he keeps coming back to.</p><p>Wells has two daughters, and he brought them to Skate Station in 2006 for a fundraiser. He wanted them to feel the speed and air he felt as a kid. Kimberly loved the feeling, and Wells loved pushing her around the floor.</p><p>There's a video the family shot in December 2011 of Kimberly and her dad together. In it, Wells dances on his skates and pushes his daughter along. She smiles and waves her hands. Sometimes he switches arms and sometimes he pulls her backward. The floor isn't packed and the two aren't speeding. They laugh.</p><p>Around the same time period, management told Wells to cut out the “fancy stuff,” saying they were concerned about Kimberly's safety. Wells stresses he's never had any accidents with his daughter or caused any.</p><p>Partly because of those concerns, Wells built Kimberly a special wheelchair from scrap pieces of other chairs. It has a lower center of gravity and lights so she could be seen in the dark.</p><p>Wells knows what it's like to use a wheelchair. He fell off a ladder once and broke some bones. The accident gave him some insight into what it's like for his daughter on a daily basis.</p><p>“It was boring,” he said.</p><p>More recently, Kimberly hasn't been able to make it to the rink as often due to surgeries. </p><p>She looked forward to returning to the rink with her family on Dec. 15.</p><p>Balogh said the policy for wheelchairs on the floor is up to the discretion of management.</p><p>If the floor is busy, he asks that they stay to the side of the rink. There is a ramp for access to the skating floor and his whole facility is accessible to people with disabilities.</p><p>On the day of the incident, Balogh said, he had more than 200 skaters and a good portion were on the floor with Kimberly.</p><p>“The volume of business dictates the policy,” he said. “It's for (the customers') safety as well as hers. It's all about safety.”</p><p>Balogh told Wells about the policy. Wells told Balogh he'd never heard of it and had never had a problem before. The discussion heated up.</p><p>Balogh said there was a possibility of injury with the way Wells skated with his daughter. As a business owner, he said he worried about the liability.</p><p>Wells countered that he is quite capable on his skates and aware of everyone around him. He said the slow lane around the sides of the rink is probably more dangerous with the chair because of the low speeds of other, less capable, skaters.</p><p>Wells got a refund, and the situation seemed resolved,</p><p>“I called him back over and I apologized for being boisterous,” Wells said. “He could see I was heated when I talked to him so I said, 'I'm sorry I had an attitude earlier,' and that hopefully he could see where I was coming from.”</p><p>Kimberly said some of her friends asked her to get back on the floor. Wells bought a new ticket.</p><p>They were on the floor for about 10 minutes when Burkett stopped them. Balogh said he stands by Burkett's decision.</p><p>Wells said he'd like an apology from Skate Station. Balogh said he would welcome the girl back, but he's not sure about her father.</p><p>Wells expressed a desire for a place he could take his daughter where she wouldn't feel different, and he could skate with her anyway he wanted to.</p><p>“The dream would be that she could have her own place to skate,” he said. “A rink in our own backyard, so we wouldn't have to go and have someone else telling us what we could do and what we couldn't do. But that's just a dream.”</p>